RELEASE
READ CAREFULLY – By signing this form, you are agreeing to release and indemnify Florida Realtors® from liability, to follow safety protocols and assume all risks while attending Florida Realtor® events.
As a voluntary participant in an activity or event organized by Florida Association of Realtors® dba Florida Realtors® (“Florida Realtors®”), a Florida Not-For-Profit corporation, located at 7025 Augusta National Drive, Orlando, Florida, 32822, and/or as an attendee or user of the property, facilities and services of Florida Realtors®,
As the “Participant”, I agree to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and to follow any oral instructions or directions given by Florida Realtors®, or the host location.
COVID-19 SAFETY INFORMATION:
While attending an onsite or offsite event, I agree to strictly adhere to all current Centers for Disease Control (CDC) guidelines for COVID-19, and/or preventative measures put in place to reduce the spread of COVID-19. Florida Realtors® cannot guarantee that you will not become infected with COVID-19.
2. CERTIFICATION
By attending a Florida Realtors® event, you certify that you have not been exposed to a confirmed or suspected case of COVID-19 or have not been diagnosed with COVID-19, within fourteen (14) days of the event. Individuals who fall within the CDC definition of People at Increased Risk or People Who Need Extra Precautions for COVID-19 should seek medical clearance to attend the event or participate in the activity.
By attending the activity or event each day, Participant warrants that he/she is not experiencing symptoms of COVID-19. Participant agrees to contact Florida Realtors® if he/she experiences symptoms of COVID-19 within 14 days after participating in a Florida Realtors® event or activity.
3. INDEMNIFICATION. I agree to indemnify and defend Florida Realtors® against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon, the facilities of Florida Realtors® or the host location.
4. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
5. DISPUTE RESOLUTION. This Agreement shall be construed and controlled by the laws of the State of Florida. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the Alternative Dispute Resolution procedure.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
6. RELEASE AND WAIVER.
I HEREBY WILLINGLY, FREE FROM DURESS, RELEASE, WAIVE AND FOREVER DISCHARGE ANY AND ALL LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE AGAINST FLORIDA REALTORS® AND ITS AFFILIATED PARTNERS AND SPONSORS, INCLUDING IN EACH CASE, WITHOUT LIMITATION, THEIR DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AND AGENTS (THE “RELEASED PARTIES”), EITHER IN LAW OR IN EQUITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES CAUSED BY THE NEGLIGENCE, FAULT OR CONDUCT OF ANY KIND ON THE PART OF THE RELEASED PARTIES, INCLUDING BUT NOT LIMITED TO DEATH, BODILY INJURY, ILLNESS, ECONOMIC LOSS OR OUT OF POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY, WHICH I, MY HEIRS, ASSIGNEES, NEXT OF KIN AND/OR LEGALLY APPOINTED OR DESIGNATED REPRESENTATIVES, MAY HAVE OR WHICH MAY HEREINAFTER ACCRUE ON MY BEHALF, WHICH ARISE OR MAY HEREAFTER ARISE FROM MY PARTICIPATION WITH THE EVENT OR ACTIVITY.
7. ASSUMPTION OF THE RISK. I acknowledge and understand the following:
Participation includes possible exposure to and illness from infectious diseases including but not limited to COVID-19. While following rules and personal discipline may reduce this risk, the risk of serious illness and death is not completely eliminated. I knowingly and freely assume all such risks related to illness and infectious diseases, such as COVID-19, even if arising from the negligence or fault associated with the event or activity, including any injury, harm and loss caused by the negligence, fault or conduct of any kind on the part of The Released Parties.